Hotel License 101: Types, Fees, Exemptions—What Founders Need to Know in 2025

Starting a hospitality business in Thailand presents a unique series of challenges, particularly when it comes to navigating the regulatory landscape. Once your company is setup and the necessary building permits are secured, obtaining a hotel license becomes the final legal gateway before opening your doors to guests. In Thailand, licensing is governed by the Hotel Act B.E. 2547 (2004) and its latest ministerial regulations. This comprehensive guide will walk you through the essentials of the hotel licensing process, including what counts as a “hotel,” recent exemptions, types of hotel licenses, associated fees, and more.

What is a "Hotel" Under Thai Law?

According to the Hotel Act, a hotel is defined as any accommodation established for the purpose of providing temporary lodging in exchange for payment. Essentially, if you’re taking bookings for short stays, you are likely classified as a hotel. However, there are specific carve-outs within the Act for certain facilities, such as government and educational institutions or those offering monthly rentals, which do not fall under this definition. Understanding this classification is essential for compliance.

A charming hotel facade representing accommodation in Thailand.

The Small-Accommodation Exemption (Updated)

One of the most significant updates in 2023 to the Hotel Act is the increased threshold for the “non-hotel” exemption. Now, accommodations with up to 8 rooms and a capacity of no more than 30 guests do not require a hotel license. This change replaced the previous requirement of just 4 rooms and 20 guests, which many still reference. However, it is advisable to confirm with your local registrar since interpretations can vary by province.

Example Scenario

Imagine a small boutique property with 7 rooms and a friendly atmosphere that caters to groups of travelers. Thanks to the updated rules, this establishment could operate without a hotel license while still offering a unique guest experience.

Hotel License Types: What Changed and What Didn’t

The Thai government categorizes hotels into four distinct types under the Hotel Act. The definition of these categories is crucial for founders seeking to determine which license applies to their property. The types are:

• Type 1: Guest rooms only (commonly smaller properties).

• Type 2: Guest rooms plus dining or kitchen facilities.

• Type 3: Guest rooms, dining, and an entertainment venue or conference area.

• Type 4: Comprehensive properties that comprise all the above on a larger scale.

  
  

Important 2023 Tweaks

The recent update eliminated strict room-size minima, offering designers flexibility in their layouts. Additionally, the Act has broadened the scope to include various forms of accommodation—such as rafts, tents, and shipping containers—provided safety measures like life jackets and fire systems are in place.

Also noteworthy is the clarification regarding Type 1 and Type 2 hotels: Type 1 is now capped at 50 rooms, while Type 2 typically covers properties with over 50 rooms or those that include kitchen facilities.

A beachside resort that showcases a comprehensive hotel property.

Who Issues the License, and When?

The application for a hotel license must be submitted to different authorities depending on your location. In Bangkok, you’ll file with the Department of Provincial Administration (DOPA), while in other provinces, the Provincial Governor’s Office is responsible. It is essential to submit your application only after you have secured approval for your building’s use as a hotel under the Building Control Act, and after any necessary Environmental Impact Assessment (EIA).

The Hotel Act mandates that a licensed hotel must appoint a named manager who is responsible for various ongoing duties, including maintaining guest registers and ensuring compliance with safety regulations. Thus, planning ahead for a competent manager is crucial before commencing your licensing process.

Fees: How They’re Assessed

Fees associated with obtaining a hotel license can vary widely, and there is no single flat fee applicable across the nation. Costs will often differ based on several factors, such as the type of hotel and the size of the property. Notably, the registry will calculate the fees at a local office, based on area and facilities. Consequently, numbers found online might be indicative but not definitive.

Budgeting for Fees

If you are planning a budget, treat any figures you come across as preliminary estimates until you receive a specific fee calculation from your registrar. This proactive approach can save you from unexpected costs down the line.

Validity & Renewal

Once obtained, hotel licenses are generally not permanent. They come with an expiration date that necessitates renewal. Typically, licenses are issued for a five-year term, as exemplified by a hotel license issued to Reef Resort in Trang, which had a term from February 17, 2016 to February 16, 2021. Always refer back to your specific license for exact dates and conditions.

Hotel reception area that welcomes guests.

Pre-Requisites and Documents: What Reviewers Really Check

Before you can apply for a hotel license, there are specific prerequisites and documentation required. The basic requirements include:

• A building permit or notification confirming that the structure has been approved for hotel use.

• Adequate fire and life-safety systems and inspections.

• Appointment of a hotel manager and standard operating procedures (SOPs) for guest registration and security.

  
  

Typical Dossier Requirements

Your application dossier typically includes:

• Company registration (DBD registration and shareholder/director lists)

• Site and floor plans, including as-built drawings

• Mechanical, electrical, and plumbing (MEP) plans along with fire safety drawings

• Proof of parking and egress compliance

• Environmental clearances, if applicable

  
  

It is important to note that these requirements can slightly vary from one province to another. We recommend preparing a province-specific checklist during your initial project kickoff.

Edge Cases Founders Ask About

There are several unique scenarios that founders might find themselves in regarding hotel classification:

• Serviced Apartments & Monthly Stays: If your establishment charges monthly and beyond only, it may fall outside the hotel definition. Structuring leases carefully and maintaining clear evidence will be critical.

• Hybrid Models (Wellness, Retreats, Tents): The new regulation recognizes non-traditional accommodation, but you'll face more inspections and tailored compliance checklists.

• Small Villas/Condos for Short Stays: If you fall under the new exemption with fewer than 8 rooms and using no more than 30 guests, you may be considered a “non-hotel.” Local regulations may still apply, so do confirm with your local authorities.

  
  

A Founder’s Timeline for De-risked Applications

To ensure a smooth application process for your hotel license, consider the following timeline:

1. Complete company setup, ensuring objectives align with hospitality.

2. Achieve design compliance, ensuring the building permit indicates hotel use, and obtain EIA clearance if applicable.

3. Ensure all safety systems are tested and appoint a knowledgeable manager.

4. File your license application (to Bangkok DOPA or Provincial Governor).

5. Coordinate inspections, respond to any queries, collect your license, and calendar reminders for renewal.

   
   

How AD ASIA Accelerates Approvals

At AD ASIA Consulting, we bring together legal and regulatory expertise with design and construction management. Our comprehensive approach ensures that the submitted drawings meet the registrar's expectations from the outset.

In just 2–3 weeks of preparation, you can gain access to the following:

• Customized Hotel License Matrix (Type 1–4) aligned to your property’s scope.

• Province-specific document checklist and submission package.

• On-site readiness check for fire safety and egress compliance, along with SOPs for your manager.

  
  

Founder’s One-Page Cheat Sheet

• Exemption: ≤ 8 rooms / 30 guests → likely no hotel license—verify locally.

• Types: T1 (rooms only); T2 (with kitchen/restaurant); T3 (with entertainment/conference); T4 (comprehensive).

• Fees: Vary by type and area; calculated by registrar (avoid generic numbers).

• Where to File: Bangkok DOPA or Provincial Governor.

• Law & 2023 Updates: Base Act plus ministerial changes (flexibility in room sizes; recognition of alternative accommodations).

  
  

Ready to Move Forward?

If you're looking to simplify your licensing process, request our “Hotel License Pack.” This package includes a province-specific checklist, submission templates, and a structured 30–60–90 day licensing plan connected to your target opening date. AD ASIA Consulting offers a full suite of services, from project development and design to fit-outs and legal compliance in Thailand and ASEAN.

This article is informational and not legal advice. We confirm all filings with the competent authority before submission.